Sexual Harassment Prevention Training Became Mandatory In Illinois - Is Your State Next?
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Has your organization held an Anti-Harassment training? If so, did it specifically cover Sexual Harassment? Does your organization share the same messages and provisions for both managerial staff and all direct reports?
Sexual Harassment Prevention Trainings are not only best practice for employers in all states, but as of 2020, they are mandatory for all employers in the State of Illinois. Soon, all states may be required to proactively educate the employee population in this manner, rather than reactively addressing inappropriate behavior, or even serious allegations.
Having annual Anti-Harassment and Anti-Discrimination trainings puts you and your organization in compliance, and ahead of any complaints.
What changed?
The Illinois Human Rights Act (775 ILCS 5/) makes annual Sexual Harassment Prevention Training mandatory for not just large employers, but all employers. That’s right: If you have one or more employees, you need to schedule this training. The goal is for employers to be proactive on educating and promoting unlawful harassment and discrimination by developing this training and prevention program.
What, exactly, is required?
The State of Illinois has plans to share a model program that demonstrates the basics of preventing sexual harassment in the workplace. At a minimum, a Sexual Harassment Prevention program should include an anti-harassment training annually that outlines an explanation or definition of sexual harassment, examples of such behavior, a summary of relevant federal and state statutory provisions concerning sexual harassment, remedies and resources available to victims, and a summary of the employer’s responsibilities such as investigating concerns and taking corrective measures.
What if my organization hasn’t or doesn’t do this?
If employers are found in violation of the IHRA, the State of Illinois will issue a notice to the employer allowing 30 days to produce evidence this training has been done annually, or to arrange a training that addresses the minimum expectations. If the employer is still not in compliance with the completion of the 30-day warning, the Human Rights Commission will be petitioned for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1 The Department of Human Rights Training and Development Fund will expect all fines to be paid upon receipt.
Who is covered?
All employees are entitled to a harassment-free workplace. Those specifically covered in the IHRA are any individuals experiencing harassment or discrimination because of his or her race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service.
What should I do now?
Commit to compliance and education best-practice standards by scheduling your training today. Don’t wait until the end of the year, or until it is too late. To contact us to get this started or for more information regarding our Human Resources Consulting Services at srogers@skywalkgroup.com.
By Samantha Rogers